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MohanK-700 (Architect)     21 February 2015

How to get clarification from judge on the delivered order

Folks,

Recently in 498 case for a crlmp judge has passed order and it is full of mistakes/errors

How can i ask judge regarding those mistakes? Is there any method/procedure to be followed.

This is not the first time she delivered erroneous order but she has been doing this similarly in last 4  petitions.

She is mechanically giving order  and  display of willful neglect is clearly demonstrated in those orders.

For every order approaching upper court has become very expensive and time consuming.

I am worried that  this behaviour of judge and  not following procedures will not provide fair trail.

In one instance   as per docket orders she posted for orders on 6th feb and pronounced the orders on  2nd ( Four days earlier)in open court with out any notice and presence of petitioners.

Can judge pronounce orders  at her will  with out notice to petitioners ?

How can i  ask/tell judge that we got no confidence on her and if possible transfer to another court. Is there any procedure to be followed ?

Appreciate any response.

Thanks.



 4 Replies

Adv. Amit Anandrao Mahadeshwar (ADVOCATE)     21 February 2015

If the prejudice of the judicial officer is apparent on record, you have the option to move to the Sessions Court to transfer your matter to other judge. However, in such case it must be noted that the orders will be passed only if the prejudice can be seen from the orders. For more concrete opinion your documents including the Roznama/ Orders sheet of your case is necessary.

Thanks and Regards,

Adv. Amit Anandrao Mahadeshwar

venkatesh Rao (Retired Government Servant)     21 February 2015

Get the certified  copies of that order and write to the high court.

U.S.SANJEEVA MURTHY (senior partner)     21 February 2015

Relying on the points  posted and assuming true,  i suggest to you that the points narrated relates to the personal conduct of the Judge as such  file a complaint to the Chief Justice of High court against the judge by name and high light the irresponsible way in dealing/proceeding handling the cases.  Secondly if you are aggrieved by the orders passed by that Judge, you have to prefer an appeal against it and in this appeal also you may bring the points posted.     Lastly,  any illegality noticed in the judgement, if it is curable can be brought to the notice of the judge itself by filing a Memo BEING SPOKEN TO and bring the same to his notice.    Pl take care that your tone should not be such which should not  attract comtempt of court.  If you have no confidence to get fair trial. before passing judgement, you can approach higher court to get your case transferred to another judge. 

Ramesh Chander (Advocate)     27 February 2015

BECAUSE SHE IS DOING SO REPEATEDLY, BEST WAY IS TO MAKE A COMPLAINT AGAINST HER IN HIGH COURT MENTIONING EACH & EVERY FACT THEREIN. TAKE CARE THAT THE COMPLAINT MUST BE FACTUAL SUPPORTED BY DOCUMENTARY EVIDENCE LEST SHE SHOULD BRING DEFAMATION CASE AGAINST YOU.


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